The claimant alleged that the respondent had unlawfully made use of photographs of its footballers in a calendar. The respondent asked the court to strike out the claim as merely speculative, and the claimant sought pre-action disclosure.
Held: The intention of Parliament had been to restrict the people who were able to pursue a claim for copyright infringement to the copyright holder. The claimant was not such. The correct route was not to strike the action for abuse of process as merely speculative, but since the claimant was entitled to disclosure as of right, to give the respondent the opportunity to apply again after disclosure.
Vos QC
Times 27-Dec-2002
Civil Procedure Rules 31
England and Wales
Citing:
Cited – RCA Corporation v Pollard CA 1982
The illegal activities of bootleggers who had made unauthorised recordings of concerts, diminished the profitability of contracts granting to the plaintiffs the exclusive right to exploit recordings by Elvis Presley.
Held: The defendant’s . .
Cited – Upjohn Pharmaceuticals Inc v T Kerfoot and Co Ltd 1988
The claim was dismissed based on the finding of the learned Judge on the affidavit evidence before him that the pleadings did not disclose any reasonable cause of action: ‘when one cones to consider the inherent jurisdiction, one is entitled to look . .
Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Civil Procedure Rules
Updated: 06 December 2021; Ref: scu.178613
